Clean energy firm fights record federal fine by attacking regulator’s authority

A federal probe accuses Durham-based American Efficient of defrauding energy markets out of hundreds of millions while the company mounts a legal battle that could gut a key government watchdog.

Lisa Sorg reports for Inside Climate News.


In short:

  • FERC alleges that American Efficient falsely claimed energy savings in wholesale electricity markets, securing $490 million in revenue and facing a record $722 million in penalties.
  • The company’s defense includes constitutional challenges that question FERC’s very authority and could shift power over energy regulation toward the president.
  • PJM, the nation’s largest grid operator, has moved to exclude energy efficiency aggregators by 2026, threatening the company's future access to capacity markets.

Key quote:

“All sorts of civil servants … for at least 100 years have been understood to be shielded from arbitrary removal. So to say that FERC enforcement power is constitutionally suspect because the commission is independent seems to ignore both 10 to 20 years of Supreme Court precedent and also the current policies of the current administration.”

— Josh Macey, associate professor of law at Yale Law School

Why this matters:

Energy efficiency aggregators like American Efficient operate behind the scenes of the energy market, bundling small-scale electricity savings — say from more efficient refrigerators or LED lighting — and selling them as “negawatts,” or avoided energy use. In theory, this helps utilities reduce demand and curb emissions without building new power plants. But the savings claimed by these aggregators are notoriously difficult to verify. Critics warn that if those savings are inflated or based on shaky assumptions, ratepayers could be footing the bill for benefits that exist only on paper.

The stakes go beyond dollars and kilowatts. The Federal Energy Regulatory Commission, long considered an independent energy watchdog, has been facing mounting scrutiny under President Trump’s administration, which has signaled a deregulatory agenda. If FERC’s oversight weakens, companies may face less pressure to rigorously prove their emissions reductions, opening the door to market manipulation. That could erode public trust in a system meant to deliver cleaner air and a more resilient grid — especially as climate impacts grow harder to ignore.

Read more: Trump's approach to U.S. power grid could slow critical expansion

A drying lakebed under a setting sun

The next El Niño could lock earth into a hotter climate

The Pacific heat pulse is temporary, but scientists warn that its climate impacts are not.
A row of solar panels located in a green field

A Michigan county claiming solar farms are a health threat isn’t alone

Across the U.S., critics are pressuring public officials to stop or stall new solar projects, often citing unfounded health concerns.
An illustration of sperm advancing toward an egg

Toxics plus climate harms likely cause of reduced fertility, study finds

Simultaneous exposure to toxic chemicals and climate change’s impacts likely generates an additive or synergistic effect that increases reproductive harm.

A row of solar panels in a desert environment

The 'age of electricity' is here. No one knows what comes next

As the war in Iran upends global fuel markets, two new reports confirm that 2025 was a banner year for renewable energy.

Speech by the President of Ukraine Petro Poroshenko at the 21st session of the UN Conference on Climate Change
Credit: palinchak/BigStock Photo ID: 110010617

As the UN global climate talks lose momentum, a smaller coalition eyes a fossil fuel exit

More than 50 countries will gather in Colombia to try to develop real-world timetables to phase out oil and gas amid global energy shocks and petrostate stalling.
pumpjacks silhouetted against a setting (or rising) sun

Republican lawmakers attempt to shield big oil from climate lawsuits in ‘alarming’ bills

Climate experts and advocates warn House and Senate bills will protect polluters at the cost of the climate.

An aging oil pump jack in a desolate location

‘Cut fossil fuel industry’s lifeline’: How subsidies and petrochemicals are propping up oil and gas

At Colombia energy summit, experts urge ending fossil subsidies, curbing petrochemicals, limiting industry sway, and boosting clean energy.

From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.